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(영문) 인천지방법원 부천지원 2017.07.05 2016고정1538
자동차손해배상보장법위반
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a holder of Crando XG car.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, on July 27, 2016, the Defendant operated the said vehicle not covered by mandatory insurance by having D ( South and 52 years old) operate the said vehicle, which was not covered by mandatory insurance, on the front of the 17,000 Seocheon-ro, Seocheon-ro, 17, Seocheon-do, the 21:00.

[Defendant and defense counsel kept the instant vehicle to D for the purpose of securing the obligation, while driving the instant vehicle. Since D operated the instant vehicle without the Defendant’s permission, the Defendant did not have intention to violate the Guarantee of Automobile Damage Compensation Act.

The argument is asserted.

However, according to the evidence duly adopted and examined by this court, D borrowed the instant vehicle from the Defendant, and the phrase "do not drive" was not heard, and immediately after the violation of the Guarantee of Automobile Compensation Act was controlled, D returned the instant vehicle to the Defendant.

Therefore, the defendant and defense counsel are without merit.

On the other hand, the Defendant’s assertion that the Defendant and his defense counsel did not directly drive the instant vehicle and did not allow D to drive the instant vehicle. Therefore, it can be viewed that the Defendant cannot be held liable as a “operator” for operating a motor vehicle which is not covered by mandatory insurance.

The Guarantee of Automobile Compensation is subject to the punishment of “motor vehicle owner” who operates a motor vehicle which is not covered by mandatory insurance (Article 46(2)2); and “motor vehicle owner” means the owner of the motor vehicle or the person entitled to use the motor vehicle, who operates the motor vehicle for himself/herself.

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